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British citizenship through maternal (Uganda/India)

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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barrywheelertd
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Posts: 2
Joined: Tue May 10, 2016 10:18 pm

British citizenship through maternal (Uganda/India)

Post by barrywheelertd » Tue May 10, 2016 10:36 pm

I am a Canadian and I am wondering if I have a route to British citizenship by way of my maternal lineage.

About me:
- I was born in 1982 in Pakistan. I moved to Canada a few months later. Because my mother was a Canadian citizen at the time of my birth, I am a Canadian by birth.
- I believe I technically have dual citizenship in Pakistan because I was born there and because my father was Pakistani. Other than my birth certificate, I have never held ID, etc from Pakistan.

My mom:
- born in Uganda in 1960 (when Uganda was a protectorate I believe). Emigrated to Canada in 1972. Is a Canadian citizen.

My maternal grandmother:
- Is alive
- born in India in 1930 (in a region that is now Pakistan, since that was pre-partition)
- Emigrated to Uganda in 1948. I believe she had British protectorate status, but it's unclear what documents we will have.
- Emigrated to Canada in 1972. Is a Canadian citizen.

I have heard of citizenship by descent, and also that protectorate status can play a role. I am wondering if anyone knows if my circumstances might qualify. Either through my mother or grandmother.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: British citizenship through maternal (Uganda/India)

Post by secret.simon » Wed May 11, 2016 12:12 am

What was the citizenship status of your maternal grandfather at the time of your mother's birth?

Citizenship status was passed down the patrilineal line pre-1983. My advice below is predicated on the basis that your maternal grandfather was born in Uganda. If he was born in the UK or in one of its colonies, that would change the situation considerably.

For the avoidance of doubt, undivided India was not a British colony for the purposes of law (section 1 of the Colonial Laws Validity Act 1865).
barrywheelertd wrote:My mom:- born in Uganda in 1960 (when Uganda was a protectorate I believe).
This is quite important. Your mother was not born in either the UK nor its colonies, but in a protectorate. Assuming that your maternal grandfather was also from Uganda, it is likely that your mother was a British Protected Person (BPP) at birth. BPPs were neither British subjects nor Citizens of the United Kingdoms and Colonies (CUKCs). They were a sui generis category which had next to no rights (not even those of Commonwealth citizens) in the UK.

BPP status is lost on the acquisition of any other nationality and your mother has lost her BPP status on the acquisition of Canadian nationality.

There is a document providing more details on British Protected Persons on the gov.uk website as well as a good summary of the history of British nationality law. Wikipedia's article on BPPs is also worth a read. An earlier thread that I contributed to may also be relevant reading.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

barrywheelertd
Newly Registered
Posts: 2
Joined: Tue May 10, 2016 10:18 pm

Re: British citizenship through maternal (Uganda/India)

Post by barrywheelertd » Wed May 11, 2016 7:52 pm

secret.simon wrote:What was the citizenship status of your maternal grandfather at the time of your mother's birth?
My maternal grandfather, like my maternal grandmother, was born in India around 1930 and emigrated to Uganda around 1945.

So it looks like any claim to citizenship via lineage doesn't really apply in my circumstances?

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